Criminal Defense FAQ's

1.How can I get a court to appoint a lawyer for me?If you are desirous of having the courts appoint you an attorney, there are
certain criteria that you typically have to meet. Some courts will allow you to
have a court appointed lawyer without qualification and some require that you
show proof of your inability to afford counsel.

2.Do I need a lawyer at my arraignment?Most cases do not require you to
have a lawyer at your arraignment. However, you should definitely have had
spoken to a lawyer before you are required to enter your plea. Even if you
don’t have an attorney present at your arraignment, the courts will proceed in giving
you a formal account of your charges.

3.How can I
find a private defense lawyer?If you are in need of private counsel, you may be to confide in the opinion
of either someone that you respect or trust, or someone that has had experience
in dealing with legal issues. Moreover, there are several resources that you
can use to find adequate representation. The State Bar is an excellent resource
to find lawyers.

4.What is a private lawyer likely to cost?There are no clear cut answers to the amount that a lawyer may charge. Many
experienced lawyers consider there service to be of such a value to their
clients that they charge anywhere from $100.00 to $1000.00 per hour. There are
other lawyers that charge by either the complexity or the severity of your
case.

5.Should I represent myself in a criminal case? Most
definitely not. Espescially when facing potential jail time. There are many reasons why you should not represent yourself in
a criminal defense case. However, the most important reason is for experience.
The qualifications required to accurately defend one self in court are
considerable. Even experienced lawyers rely upon other lawyers to represent
them in court matters.

6.Can I change lawyers if I am unhappy with the one that is
currently representing me?If the
lawyer that you have representing you is appointed by the courts or is a public
defender, then it may be difficult to request a new lawyer without a
substantial reason. However, if you have a private attorney and are not
satisfied with their work, then you may request a new lawyer be placed on your
case and find a new one.

7.Do the police have to read me my Miranda rights? There is
no requirement for the police to read you your rights. However, failure to do
so will make anything that they ask you regarding your case null and void and
inadmissible in the eyes of the courts. It doesn’t matter where the police
interrogate you either, if they haven’t read you your rights, then whatever you
tell them is not allowed in to court records as evidence.

8.When do the police need a warrant to make an arrest? Only when
the police have a significant enough belief to ascertain probable cause can
they execute an arrest without an arrest warrant. There are however extenuating
circumstances that may give the officers right to execute and arrest without a
warrant. Each state has their own rules regarding the acceptance of warrant
execution.

9.How should I assert my right to remain silent if the police
decide to question me?You can
simply state to the authorities that you are pleading your fifth amendment
right to remain silent. You are allowed to remain silent so the police have no
right to make you tell them anything that they ask you. If you are harassed by
the police after informing them that you are not speaking without counsel, you
may be able to have the case dismissed on a violation of your civil rights.

10.How difficult can the police become when they are
questioning a possible suspect? If you
voluntarily offer answers to police questions then that information is
admissible in a court of law. If is important to note that the authorities
intend to build their case against you when they are questioning you. The
police are not attempting to help you by asking you questions even though they
make become increasingly friendly when asking you for information.

11.If you I am charged with a crime can I be forced to provide
physical examples?Yes you
can. Though many people feel that the involuntary usage of bodily and physical
examples by the authorities are a violation of our civil rights, the U.S.
Supreme Court has ruled that the Fifth amendment is regarding communication and
does not include physical samples.

12.If I was pulled over
and forced to answer questions at a roadblock, is this legal?If there
was a roadblock created to pull over random vehicles and not intentionally
setup to single out one vehicle, then the answer is yes. Without probable cause
to believe that you may broken the law, there is not a just cause for the
police to stop you and ask questions that are not in line with you
constitutional rights.

13.Wouldn't longer sentences mean less overall crime?The length
of sentencing may not necessarily reduce the amount of crime. There are many
factors that contribute to the level of criminal activity in the country.
Unemployment, poverty and educational issues play a big role in the level of
criminal activity in the U.S. as well.

14.Is there a way to punish a criminal before
he actually commits the crime he is planning?In some cases there is. For instance, if a person has knowing fully and
willingly proposed or conspired to commit a crime, then the courts may find
enough evidence to charge that person with a case of conspiracy. However, there
must be sufficient evidence for this courts to prove beyond a shadow of a doubt
that the suspect intended to carry out a criminal offense.

15.Are all illegal drugs treated the same way
when it refers to punishment?No, there are classifications of the different drugs based on the drugs
scheduling. The offense level is determined by the classification of the
illegal substance that the dealer was in possession of. For the higher
classification drugs, the sentencing can be quite severe and for some of the lower
classification the sentencing may not even require jail time in some states.

16.Can a person by charged with DUI for only
one drink?If the person that is suspected of DUI has a blood alcohol level that is
above the states legal limit, (typically 0.8
percent) with only one drink, then yes. DUI is determined by the level
of alcohol in the blood stream, not the amount of drinks one consumes.

17.How does a district attorney decide which
criminals to charge?There are several factors that a district attorney will consider before
moving towards a formal charge. The district attorney is required to determine
whether there were any laws broken in the development of the case against the
alleged criminal and also to ascertain whether the case is based on solid evidence.

18.Is driving over the speed limit a crime?Technically, driving over the speed limit is a crime. Yet there are
typically only charges brought about for speeding when the violation has
exceeded aggravated levels. For instance, in many states a driver may be
arrested and charged if they were found driving in excess of 100 mph. In other
states this may not necessarily be so.

19.Can only businesspersons be charged with
white collar crimes?No. The term “White Collar Crime” was coined as a phrase to describe the
class of criminal that usually commits a fraudulent offense. Today, there are
many accounts of people from all walks of life committing fraudulent offenses
from bank fraud to embezzlement.

20.Is rape the same as sexual assault?In the eyes of the law, yes. Though there are different levels of severity
which coincide with the type of sexual act, whether there was violence
involved, if the act was committed in conjunction with a consensual act or
other pertinent factors such as whether the two parties were married or not,
have a large say in the manner in which the courts consider the case.